May 4, 2006

Another case of the gross abuse of the infamous Hudood Ordinances was reported recently from Hyderabad. Had it not been for the higher courts that have of late been sensitive to the plight of women in Pakistan, another couple would have ended up paying a high price for their love, presuming that further ordeal is not in store for them. This is the story of Aruna and Moazzam, two adults, who decided to wed each other eight months ago against the wishes of the girl’s parents.

The story does not end there. Aruna’s father, a retired sessions judge living in Okara, first attempted to bring his daughter home forcibly. When he didn’t succeed –– she fled from home to go back to her husband –– he filed a case of abduction and adultery under the Hudood Ordinances against his daughter and son-in-law and his brother. Had the Sindh High Court not intervened suo motu in the case, the couple would have been handed over to the jurisdiction of the Okara police to be dealt with as the girl’s father wished. Aruna is convinced that her fate in Okara is certain death.

The more we learn of such cases the more one wonders why our society is so retrogressive? Will it ever change? There are so many issues involved in this case calling for some serious thinking –– though it is a pity that not many people are doing that.

To begin with, there is the wider implication of the Hudood Ordinances and the government’s inability –– or is it unwillingness? –– to strike them off the statute book. The most unjust and un-Islamic of laws to have been promulgated in this country, they have opened a floodgate of excesses and human rights abuses against both men and women, though more women have been victimised. The demand for their repeal has come from all sensible quarters and has had the backing of lawyers and human rights activists alike.

Then there is the sociological dimension of this case that reflects the mind-set of the people, especially their attitude towards women. It is plain that Aruna’s father did not expect his daughter to have a mind of her own and take a decision that would affect her entire life. He apparently did not consider her sensible and mature enough to exercise her own choice in the selection of her life partner. He went to the extreme of using his power and influence, which he seems to have in abundance, to get his daughter arrested and ‘nullify’ her marriage. Is it not a paradox that a woman 24 years of age, studying to be a doctor, who would, after her graduation, take momentous life-saving decisions on her patients’ health, could not be allowed to decide her own future?

We have no details about this case, such as, why is the father opposed to this marriage. Is it his patriarchal ego that treats a daughter as a piece of property for him to decide what to do with her? Was property at the heart of the matter –– Aruna comes from the landowning class -–– and wealth was at stake? Or was it the age old question of family honour? After all in our society it is the woman who is expected to bear the responsibility of guarding the good name of the family even if it means sacrificing her own dreams.

It is strange that our judicial, police and social systems are geared towards forcing a woman to submit to the whims of her guardian. Although the courts now categorically recognise that a wali’s consent is not essential for a woman to marry a man of her choice, parents continue to be obsessed with this condition.

Another point to ponder is that in this country of ours that is beset with so many serious problems, the state machinery is employed to serve the whims of an enraged father who should really have known better. Thank goodness for the fair-minded and kind-hearted judges we have today. But can we depend eternally on the goodness of the judges to right all that is wrong with our laws, our system and the administration?

Wouldn't it be better to weed out the root of this evil? Let the Hudood laws be repealed so that there is no technical ground left for the police to act against a person on such weak grounds when there are so many more serious problems waiting to be addressed.

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